The list below illustrates the broad scope of the services our Environmental Practice Group has provided.

Brownfields Redevelopment

Represented the owner of a former smelter property in allocation, remediation and development negotiations with other owners, the former smelter operator, EPA and state and local governments.

Represented a real estate developer in its acquisition of a former smelter property, which was subject to an EPA Superfund response action.

Represented the owner of closed landfill properties in developing cleanup and redevelopment plans, retaining an environmental consultant to assess the environmental issues and negotiating with state and federal agencies.

Represented a real estate developer in the purchase of contaminated property at the Tooele Army Depot, which was undergoing remediation by the United States Army. The property was subject to the Base Realignment and Closure Act ("BRAC"). This matter involved extensive negotiations with the United States Army, EPA and the Utah Division of Solid and Hazardous Waste concerning the level of remediation, institutional controls, transfer documentation and comfort letters.

Represented a newspaper company in the acquisition of BRAC property at the Ogden Defense Depot from the United States Army.

Represented a group of past owners, operators and transporters in remediation and closure of Superfund site contaminated by heavy metals, pursuant to a negotiated EPA consent order.

Environmental Remediation

Represented a chemical distributor in responding to ground water contamination from underground storage tanks. This matter involved negotiations with the Utah Division of Solid and Hazardous Waste concerning investigation, remediation and level of remediation; retaining and overseeing the environmental consultant; and litigation with insurance companies.

Represented the owner of property contaminated by a tenant. This matter involved negotiations with the tenant and the Utah Division of Environmental Response and Remediation concerning the investigation and remediation of the property and potential litigation against the prior tenant for recovery of remediation costs, property damage and stigma damages.

Real Estate, Business and Lending Transactions

Represented a national retail chain in the acquisition of contaminated industrial property undergoing remediation. This matter involved due diligence, negotiation of institutional controls and transfer documentation, obtaining environmental assurances from governmental agencies and obtaining environmental insurance.

Represented a group of dairy farmers in disputing a potential local government-planning ordinance to restrict the size and operation of dairy farms. This matter involved participating in numerous local government committee meetings and helping to draft an ordinance that satisfied both the dairy farmers and other property owners.